Sunshine Act Meetings, 10261-10262 [2022-03859]
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Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individuals listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• Mail comments to: Office of
Administration, Mail Stop: TWFN–7–
A60M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, ATTN: Program Management,
Announcements, and Editing Staff.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Joseph Kanney, telephone: 301–415–
1920, email: Joseph.Kanney@nrc.gov
and, Edward O’Donnell, telephone:
301–415–3317, email:
Edward.O’Donnell@nrc.gov. Both are
staff members of the Office of Nuclear
Regulatory Research, at the U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
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A. Obtaining Information
Please refer to Docket ID NRC–2022–
0037 when contacting the NRC about
the availability of information for this
action. You may obtain publicly
available information related to this
action by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2022–0037.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to
PDR.Resource@nrc.gov. DG–1290,
‘‘Design-Basis Floods for Nuclear Power
Plants’’ is available in ADAMS under
Accession No. ML19289E561.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8:00 a.m. and 4:00 p.m.
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18:04 Feb 22, 2022
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(ET), Monday through Friday, except
Federal holidays.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2022–0037 in your
comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Additional Information
The NRC is issuing for public
comment a DG in the NRC’s ‘‘Regulatory
Guide’’ series. This series was
developed to describe methods that are
acceptable to the NRC staff for
implementing specific parts of the
agency’s regulations, to explain
techniques that the staff uses in
evaluating specific issues or postulated
events, and to describe information that
the staff needs in its review of
applications for permits and licenses.
The DG, entitled, ‘‘Design-Basis
Floods for Nuclear Power Plants’’ is
proposed Revision 3 of RG 1.59, which
is temporarily identified by its task
number, DG–1290. It proposes methods
that the NRC staff considers acceptable
for use in the determination of designbasis floods for NPPs.
The staff is also issuing for public
comment a draft regulatory analysis for
revision of RG 1.59 (ML12121A020).
The staff developed a regulatory
analysis to assess the value of issuing or
revising a regulatory guide as well as
alternative courses of action.
III. Backfitting, Forward Fitting, and
Issue Finality
Issuance of DG–1290, if finalized,
would not constitute backfitting as that
term is defined in section 50.109 of title
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10261
10 of the Code of Federal Regulations
(10 CFR), ‘‘Backfitting,’’ and as
described in NRC Management Directive
(MD) 8.4, ‘‘Management of Backfitting,
Forward Fitting, Issue Finality, and
Information Requests’’; constitute
forward fitting as that term is defined
and described in MD 8.4; or affect issue
finality of any approval issued under 10
CFR part 52, ‘‘Licenses, Certificates, and
Approvals for Nuclear Power Plants.’’
As explained in DG–1290, applicants
and licensees are not required to comply
with the positions set forth in DG–1290.
IV. Submitting Suggestions for
Improvement of Regulatory Guides
A member of the public may, at any
time, submit suggestions to the NRC for
improvement of existing RGs or for the
development of new RGs. Suggestions
can be submitted on the NRC’s public
website at https://www.nrc.gov/readingrm/doc-collections/reg-guides/
contactus.html. Suggestions will be
considered in future updates and
enhancements to the ‘‘Regulatory
Guide’’ series.
Dated: February 16, 2022.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs
Management Branch, Division of Engineering,
Office of Nuclear Regulatory Research.
[FR Doc. 2022–03791 Filed 2–22–22; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
2:00 p.m. on Thursday,
February 24, 2022.
PLACE: The meeting will be held via
remote means and/or at the
Commission’s headquarters, 100 F
Street NE, Washington, DC 20549.
STATUS: This meeting will be closed to
the public.
MATTERS TO BE CONSIDERED:
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the closed meeting. Certain
staff members who have an interest in
the matters also may be present.
In the event that the time, date, or
location of this meeting changes, an
announcement of the change, along with
the new time, date, and/or place of the
meeting will be posted on the
Commission’s website at https://
www.sec.gov.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
TIME AND DATE:
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10262
Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B)
and (10) and 17 CFR 200.402(a)(3),
(a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and
(a)(10), permit consideration of the
scheduled matters at the closed meeting.
The subject matter of the closed
meeting will consist of the following
topics:
Institution and settlement of injunctive
actions;
Institution and settlement of administrative
proceedings;
Resolution of litigation claims; and
Other matters relating to examinations and
enforcement proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting agenda items that
may consist of adjudicatory,
examination, litigation, or regulatory
matters.
CONTACT PERSON FOR MORE INFORMATION:
For further information; please contact
Vanessa A. Countryman from the Office
of the Secretary at (202) 551–5400.
(Authority: 5 U.S.C. 552b.)
Dated: February 17, 2022.
Vanessa A. Countryman,
Secretary.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–94270; File No. SR–OCC–
2021–803]
Self-Regulatory Organizations; The
Options Clearing Corporation; Notice
of No Objection to Advance Notice
Concerning The Options Clearing
Corporation’s Cash and Investment
Management
February 17, 2022.
I. Introduction
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OCC is proposing to adopt a policy
governing OCC’s cash and investment
practices (the ‘‘Cash and Investment
Management Policy’’ or ‘‘Policy’’) and
amend its rules regarding access to
Clearing Fund contributions to address
the failure of an investment
counterparty to return Clearing Member
cash collateral, which would also allow
OCC to use such collateral to access its
revolving credit facility.
OCC’s current rules include
provisions governing the management
and investment of OCC’s own funds and
cash deposited by Clearing Members.
Pursuant to its rules, OCC’s Board of
Directors (‘‘Board’’) may invest funds in
excess of the amount needed as working
BILLING CODE 8011–01–P
On December 23, 2021, the Options
Clearing Corporation (‘‘OCC’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) advance
notice SR–OCC–2021–803 (‘‘Advance
Notice’’) pursuant to Section 806(e)(1) of
Title VIII of the Dodd-Frank Wall Street
Reform and Consumer Protection Act,
entitled Payment, Clearing and
Settlement Supervision Act of 2010
(‘‘Clearing Supervision Act’’) 1 and Rule
19b–4(n)(1)(i) 2 under the Securities
Exchange Act of 1934 (‘‘Exchange
Act’’) 3 to (i) adopt OCC’s policy
1 12
U.S.C. 5465(e)(1).
CFR 240.19b–4(n)(1)(i).
3 15 U.S.C. 78a et seq.
2 17
18:04 Feb 22, 2022
II. Background 7
A. Policy Regarding Cash and Related
Investments
[FR Doc. 2022–03859 Filed 2–18–22; 11:15 am]
VerDate Sep<11>2014
regarding cash and related investments
to its rules, and (ii) amend OCC’s Rules
governing the use of Clearing Fund
contributions to ensure access in the
event of the failure of an investment
counterparty with whom OCC has
invested cash collateral.4 The Advance
Notice was published for public
comment in the Federal Register on
January 12, 2022,5 and the Commission
has received no comments regarding the
substance of the changes proposed in
the Advance Notice.6 The Commission
is hereby providing notice of no
objection to the Advance Notice.
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4 See
Notice of Filing infra note 5, at 87 FR 1814.
Exchange Act Release No. 93915 (Jan.
6, 2022), 87 FR1814 (Jan. 12, 2022) (File No. SR–
OCC–2021–803) (‘‘Notice of Filing’’). On December
23, 2021, OCC also filed a related proposed rule
change (SR–OCC–2021–014) with the Commission
pursuant to Section 19(b)(1) of the Exchange Act
and Rule 19b–4 thereunder (‘‘Proposed Rule
Change’’). 15 U.S.C. 78s(b)(1) and 17 CFR 240.19b–
4, respectively. In the Proposed Rule Change, which
was published in the Federal Register on January
12, 2022, OCC seeks approval of proposed changes
to its rules necessary to implement the Advance
Notice. Securities Exchange Act Release No. 93916
(Jan. 6, 2022), 87 FR 1819 (Jan. 12, 2022) (File No.
SR–OCC–2021–014). The comment period for the
related Proposed Rule Change filing closed on
February 2, 2022.
6 A comment letter addressed market conduct
generally; however, additional discussion is
unnecessary because the substance of the letter does
not bear on the basis for the Commission’s decision
not to object to the proposal. Comments on the
Advance Notice are available at https://
www.sec.gov/comments/sr-occ-2021-803/
srocc2021803.htm. Since the proposal contained in
the Advance Notice was also filed as a proposed
rule change, all public comments received on the
proposal are considered regardless of whether the
comments are submitted on the Proposed Rule
Change or the Advance Notice.
7 Capitalized terms used but not defined herein
have the meanings specified in OCC’s Rules and ByLaws, available at https://www.theocc.com/about/
publications/bylaws.jsp.
5 Securities
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Sfmt 4703
capital in Government securities or such
other securities or financial
instruments.8 Further, OCC’s Rules
allow for the investment of cash
deposited in respect of a Clearing
Member’s margin requirements or
Clearing Fund contributions by OCC for
its account in Government securities.9
OCC proposes to add its Cash and
Investment Management Policy to its
current investment related rules.10
The proposed Cash and Investment
Management Policy (i) outlines the
safeguarding standards for cash and
related investments managed by OCC to
minimize credit and liquidity risk, and
(2) provides guidelines for investments
permitted by OCC’s rules as described
above. With regard to safeguarding cash,
the Policy would allow OCC to hold
OCC Cash 11 and Clearing Member
Cash 12 in demand deposit accounts
with commercial banks or in accounts at
a Federal Reserve Bank. Consistent with
OCC’s current rules, the Policy would
require OCC to move all margin and
Clearing Fund cash related to a
suspended Clearing Member into a
liquidating settlement account for use in
meeting the obligations of the Clearing
Member.13 The Policy would also
require that OCC employ a bank account
structure that segregates customer funds
per applicable regulatory
8 See
By-Law Art. IX, Sec. 1.
OCC Rule 604(a); Rule 1006(c).
10 See Notice of Filing, 87 FRat 1815.
11 Under the proposed Policy, OCC Cash would
include working capital related to future operating
costs, inclusive of financial resources held to meet
liquidity and resiliency requirements, proceeds
from lines of credit, if any, maintained to support
OCC’s working capital, and investments made with
OCC Cash. OCC Cash would also include OCC’s
Minimum Corporate Contribution. See Securities
Exchange Act Release No. 92038 (May 27, 2021), 86
FR 29861 (Jun. 3, 2021) (File No. SR–OCC–2021–
003) (establishing a persistent minimum level of
OCC’s own capital that it would contribute to
default losses or liquidity shortfalls prior to
allocating a default loss to the Clearing Fund
contributions of non-defaulting Clearing Members).
OCC Cash would not include cash held in respect
of OCC’s pension plan, post-retirement welfare
plan, or other deferred compensation plans.
12 Under the proposed Policy, Clearing Member
Cash would include cash collateral deposited as
margin or Clearing Fund contributions, cash held in
liquidating settlement accounts for suspended
Clearing Members pursuant to OCC’s Rule 1104,
and investments made with Clearing Member Cash.
Clearing Member Cash would also include proceeds
from OCC’s syndicated credit facility and liquidity
facilities. See Securities Exchange Act Release No.
88971 (May 28, 2020), 85 FR 34257 (Jun. 3, 2020)
(File No. SR–OCC–2020–804) (discussing OCC’s
revolving credit facility); Securities Exchange Act
Release No. 89039 (Jun. 10, 2020), 85 FR 36444
(Jun. 16, 2020) (File No. SR–OCC–2020–803)
(discussing OCC’s non-bank liquidity facility).
13 See OCC Rule 1104.
9 See
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Agencies
[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10261-10262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03859]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meetings
TIME AND DATE: 2:00 p.m. on Thursday, February 24, 2022.
PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.
STATUS: This meeting will be closed to the public.
MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or
[[Page 10262]]
more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (6), (7),
(8), 9(B) and (10) and 17 CFR 200.402(a)(3), (a)(5), (a)(6), (a)(7),
(a)(8), (a)(9)(ii) and (a)(10), permit consideration of the scheduled
matters at the closed meeting.
The subject matter of the closed meeting will consist of the
following topics:
Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings;
Resolution of litigation claims; and
Other matters relating to examinations and enforcement
proceedings.
At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.
CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.
(Authority: 5 U.S.C. 552b.)
Dated: February 17, 2022.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2022-03859 Filed 2-18-22; 11:15 am]
BILLING CODE 8011-01-P